Australian Capital Territory Numbered Acts

BUILDING ACT 2004 (NO. 11 OF 2004) - SECT 107

    (1)     The planning and land authority may take action under this section in relation to an approved scheme on any of following grounds:

        (a)     the trustees of the scheme have contravened this Act or another Territory law in relation to the scheme;

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and disallowable instruments (see Legislation Act, s 104).

        (b)     the scheme is insolvent and is unlikely to return to solvency within a reasonable time;

        (c)     the scheme has inadequate capital and is unlikely to have adequate capital within a reasonable time;

        (d)     the scheme is, or is likely to become, unable to meet its liabilities;

        (e)     there is, or there may be, a risk to the security of the scheme's assets;

        (f)     there is, or there may be, a sudden deterioration in the scheme's financial condition;

        (g)     the scheme has ceased to issue fidelity certificates in the ACT;

        (h)     a ground prescribed under the prudential standards exists for the suspension or cancellation of the approval of the scheme.

    (2)     If the planning and land authority proposes to suspend or cancel the approval of the scheme, the authority must give the trustees of the scheme a written notice—

        (a)     stating the grounds on which the authority proposes to suspend or cancel the approval; and

        (b)     stating the facts that, in the authority's opinion, establish the grounds; and

        (c)     telling the trustees that the trustees may, within a stated reasonable time, give a written response to the authority about the matters in the notice.

    (3)     If, after considering any response given under subsection (2) (c), the planning and land authority is satisfied that the grounds for suspending or cancelling the approval have been established, the authority may, in writing, suspend or cancel the approval.

    (4)     If the planning and land authority suspends or cancels an approval, the authority must give written notice of the suspension or cancellation to the trustees.

    (5)     Suspension or cancellation of an approval takes effect on the day when notice of the suspension or cancellation is given to the trustees or, if the notice states a later date of effect, that date.

    (6)     A suspension or cancellation under this section is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.